The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK WP(C) No.32323 of 2024 ..... Nabin Kumar Patel Petitioner Mr. D.N. Rath, Advocate State of Odisha & Ors. -versus- ..... CORAM: Opposite Parties Mr. A. Tripathy, AGA THE HON'BLE MR. JUSTICE BIRAJA PRASANNA SATAPATHY ORDER 03.02.2025 Order No.03 1. This matter is taken up through hybrid mode. 2. Pursuant to the order passed by this Court, instruction provided by the B.E.O., Bamra-Opp. Party No. 4 vide his letter dtd.28.01.2025 so produced in Court be kept in record. 3. Basing on the instruction learned Addl. Govt. Advocate contended that the impugned proceeding vide memorandum dtd.12.09.2024 under Annexure-27 has been issued in terms of the letter issued by the Department vide letter dtd.20.12.2023.
Legal Reasoning
4. Heard Mr. D.N. Rath, learned counsel appearing for the Petitioner and Mr. A. Tripathy, learned Addl. Govt. Advocate appearing for the Opp. Parties. 5. The present writ petition has been filed inter alia with the following prayer:- “Under the above circumstance, it is therefore humbly prayed that this Hon'ble Court may be graciously pleased to issue a writ in the nature of writ of mandamus or any other appropriate writ, direction or order by quashing the memorandum dated 12.09.2024 passed by the opposite party no.4 under Annexure-27 to the writ application. Page 1 of 7. And this Hon'ble Court may further be pleased to direct the opposite parties to release the salary of the petitioner from the date of termination till the date of retirement on attaining the age of superannuation and also release all the retiral dues as due and admissible to the petitioner including the pensionary benefits, since the petitioner has already retired from service on 31.05.2023 on attaining the age of superannuation. And this Hon'ble Court be pleased to pass any further order/ orders, direction/directions as this Hon'ble Court deems fit and proper in the facts and circumstances of the case. And for this act of kindness, as in duty bound, the petitioner shall ever pray.” 6. It is contended that vide office order dtd.10.06.2020 under Annexure-9 when the Petitioner was terminated from his services, the same was assailed by the Petitioner before this court in W.P.(C) No. 25676 of 2020. The said writ petition was disposed of vide order dtd.22.03.2023 inter alia with the following direction so contained in Para 6.2 of the order:- “6.2. From the counter affidavit filed by the Opp. Party Nos. 3 & 4, it is also not found that the Petitioner was ever provided with any opportunity of hearing prior to his termination. Therefore, on the ground of non-compliance of principle of natural justice this Court is inclined to interfere with the order at Annexure-9. While interfering with the same, this Court is inclined to quash the order dtd.10.06.2020 under Annexure-9. While quashing the same, this Court directs the Opp. Party No. 3 & 4 to reinstate the Petitioner in his service within a period of 15 days from the date of receipt of this order. However, it is observed that such an order of reinstatement will not preclude the Opp. Party Nos. 3 & 4 to take necessary action against the Petitioner in accordance with law, if they so like.” 6.1. On the face of such order passed by this Court, when prayer of the Petitioner was rejected vide order dtd.15.04.2023 of Opp. Party No. 4 under Annexure-12, the same was again challenged before this Court in W.P.(C) No. 15613 of 2013. But during pendency of the said writ petition order dtd.15.04.2023 was Page 2 of 7. recalled and Petitioner was reinstated in his services vide office order dtd.15.05.2023 under Annexure-13. After such reinstatement of the Petitioner, a proceeding was initiated against him vide Memorandum dtd.18.05.2023 under Annexure-15 with the following charges:- “1. Misconduct and disobedience to the Govt. Circular/order. 2. That you had not acquired the CT/B.Ed Qualification to be for appointment of Regular Govt. Primary School eligible Teacher.” 6.2. It is contended that in the said proceeding when vide office order dtd.26.05.2023 under Annexure-21 series Petitioner was again terminated from his services with immediate effect, the same was challenged by the Petitioner before this Court in W.P.(C) No. 19332 of 2023. 6.3. However, order dtd.26.05.2023 so passed by Opp. Party No. 4 was recalled once again vide order dtd.26.06.2023 under Annexure-24 and Petitioner was allowed to continue till he attain the age of superannuation. Petitioner in the meantime also retired from his services on attaining the age of superannuation on 31.05.2023 and accordingly W.P.(C) No. 19332 of 2023 was
Decision
disposed of vide order dtd.27.06.2023 under Annexure-23 series. 6.4. It is contended that even though the proceeding initiated against the Petitioner vide Memorandum dtd.18.05.2023 under Annexure-15 and the punishment imposed in the said proceeding vide order dtd.26.05.2023 was recalled vide order dtd.26.06.2023 and accordingly W.P.(C) No. 19332 of 2023 was disposed of, but on self same charges the impugned proceeding has been initiated vide Memorandum dtd.12.09.2024 under Anexure-27. Page 3 of 7. 6.5. It is contended that since on self same charges the earlier proceeding imposed against the Petitioner with imposition of punishment vide order dt.25.05.2023 was recalled vide order dtd.26.06.2023 without any rider, there was no occasion to initiate a fresh proceeding on self-same charges vide the impugned Memorandum dtd.12.09.2024 under Annexure-27. It is contended that Opp. Party No. 4 with malafide intention is trying to harass the Petitioner by initiating one proceeding after another on self- same charges and thereby causing prejudice to the Petitioner. 6.6. It is contended that even though Petitioner retired from his services w.e.f.31.05.2023, but save and except provisional pension, he is not getting his pensionary benefits as on date. It is accordingly contended that impugned proceeding so initiated against the Petitioner vide Memorandum dtd.12.09.2024 is not sustainable in the eye of law as it has been initiated with malafide intention and on similar charges as like the proceeding dt.18.05.2023. 7. Taking into account the contention raised, this Court passed the following order on 09.01.2025:- “2. Let an extra copy of the writ petition be served on the learned Addl. Govt. Advocate in course of the day. 3. Learned AGA is directed to obtain instruction with regard to the date and year of the misconduct basing on which the present proceeding has been initiated vide Memorandum dtd.12.09.2024. 4. As requested, list this matter in the week commencing 27th January, 2025. 5. Till the next date proceeding initiated vide Memorandum dtd.12.09.2024 shall remain stayed.” Page 4 of 7. 8. Basing on the instruction provided by Opp. Party No. 4 in Court, learned Addl. Govt. Advocate contended that the aforesaid proceeding has been initiated in terms of the letter issued by the Department on 20.12.2023. It is contended that when order dtd.15.04.2023 was challenged by the Petitioner before this Court in W.P.(C) No. 15613 of 2023, Opp. Party No. 1 while permitting Opp. Party No. 4 to recall the said order and to comply the direction of this Court so passed in W.P.(C) No. 25676 of 2020, since directed for initiation of a proceeding, the present proceeding has been initiated vide Memorandum dtd.12.09.2024. It is accordingly contended that since on the instruction of Opp. Party No. 1, Opp. Party No. 4 has initiated the proceeding, no illegality or irregularity can be found with such initiation of the proceeding. It is also contended that since the proceeding has been initiated on 12.09.2024, Petitioner may participate in the same and the said proceeding be disposed of in accordance with law. 9. Having heard learned counsel appearing for the Parties and considering the submissions made, this Court finds that vide office order dtd.10.06.2020 of Opp. Party No. 4, Petitioner when was terminated from his services with immediate effect without initiation of any proceeding and without any show-cause issued in that regard, the matter was challenged before this Court in W.P.(C) No. 25676 of 2020. This Court vide order dtd.22.03.2023 while quashing order dtd.10.06.2020 directed Opp. Party Nos. 3 & 4 therein to reinstate the Petitioner in his services. On the face of such order when claim of the Petitioner for his reinstatement was rejected vide office order dtd.15.04.2023 under Annexure-12, so issued by Opp. Party No. 4, the matter was again challenged before this court in W.P.(C) No. 15613 of 2023. Page 5 of 7. 9.1. During pendency of the said writ petition order dtd.15.04.2023 was recalled vide office order dtd.15.05.2023 under Annexure-13. But in the meantime while recalling the said order a proceeding was initiated against the Petitioner by Opp. Party No. 4 vide Memorandum dtd.18.05.2023 under Annexure-15 with the charges as indicated hereinabove. In the said proceeding when Petitioner was again terminated from his services vide order dtd.26.05.2023, the matter was again challenged before this Court in W.P.(C) No. 19332 of 2023. As like the earlier occasion the order of punishment passed against the Petitioner on 26.05.2023 in the proceeding initiated vide Memorandum dtd.18.05.2023 was recalled vide order dtd.26.06.2023 under Annexure-24 without any precondition and Petitioner was allowed to continue in his services till 31.05.2023 i.e. the date of his superannuation. 9.2. In view of the nature of order passed on 26.06.2023 under Annexure-24, on self-same allegation and charges the present proceeding could not have been initiated vide Memorandum dtd.12.09.2024 under Annexure-27. This Court after going through the charges available in the impugned Memorandum dtd.12.09.2024 finds that the charges in the said proceeding is similar to the charges levelled against the Petitioner in the earlier Memorandum dtd.18.05.2023 under Annexure-15. 9.3. Since the proceeding initiated with similar charges on 18.05.2023 with imposition of the punishment was recalled by Opp. Party No. 4 vide order dtd.26.05.2023 without any rider and Petitioner was allowed to continue in his services till he attain the age of superannuation on 31.05.2023, on self-same allegation and Page 6 of 7. charges, a fresh proceeding could not have been initiated vide the impugned Memorandum dtd.12.09.2024. 9.4. In view of the aforesaid analysis, this Court is of the view that the present proceeding has been initiated once again by Opp. Party No. 4 though on the instruction of Opp. Party No. 1, but without the sanctity of law, which is tell-tale on the face of the record. Therefore, this Court is inclined to quash the proceeding initiated against the Petitioner vide Memorandum dtd.12.09.2024. While quashing the said proceeding, this Court directs Opp. Party No. 4 to extend all the benefits as due and admissible to the Petitioner within a period of one (1) month from the date of receipt of this order. 10. The writ petition accordingly stands disposed of with the aforesaid observation and direction. Sneha (BIRAJA PRASANNA SATAPATHY) Judge Signature Not Verified Digitally Signed Signed by: SNEHANJALI PARIDA Reason: Authentication Location: High Court of Orissa, Cuttack Date: 04-Feb-2025 14:22:42 Page 7 of 7.